Law 5110 Study Guide - Quiz Guide: Bush Doctrine, Nicaragua V. United States
Document Summary
Use of force in self-defence: exception to the prohibition on the use of force in art. Nicaragua case: term testifies to existence of right to self-defence under customary law; Authority to rely on self-defence under customary law is wider than under article 51. The right to self-defence is triggered by an armed attack: must be of certain intensity. Nicaragua case: distinguishing between most grave forms of use of force and other forms; Nicaragua case: provision of weapons or logistical or other support to rebels as well as a mere frontier incident" fall outside art. Accumulation of events doctrine: series of small scale attacks not individually sufficiently grave to constitute armed attack may be weighed cumulatively. Unable or unwilling doctrine: state entitled to resort to measures of self-defence against private actor located in another state if that state is unwilling to cooperate and stop the private actor"s activities.
